Tweegg's Terms and conditions
TABLE OF CONTENTS
- Article 1: Definitions
- Article 2: Acceptance of T&C
- Article 3: Website Operations
- Article 4: Colleague Rights & Obligations
- Article 5: Personal Data – Cookies
- Article 6: Service Unavailable
- Article 7: Liability – Guarantee
- Article 8: Content Deletion – Subscription Termination
- Article 9: Applicable Law – Language
- Article 10: Who Are We?
Article 1: DEFINITIONS
Administrator : The Colleagues of a Company designated by same to watch over the proper use of the Website by the other Company Colleagues. The Administrator also has access to certain specific Website functions. A Company may choose to assign one or more Administrators. An Administrator may transfer his/her Administrator prerogatives to another Colleague from his/her Company.
T&C: refers to the Terms & Conditions of Use herein.
Colleague: refers to the member of a Company, employee, trustee or other, holder of a valid Company email address, having access to the Service
Content: refers to any information, text, image, whether animated or not, data, sound, multimedia file, page structure, code, function, navigation element, hypertext link, domain name, or any other contribution to the Website by a Colleague.
Editor: refers to the publisher of the Website www.tweegg.com, in the present case, the Tripnity Ltd. Co. with a capital of €15,000.00 whose registered office is located at 24 Rue Louis Blanc in Paris 10, duly registered with the Paris Business Registry under nbr B 480 850 346. Telephone: 0555-100-416.
Company : refers to the group (company, group of companies, branch, association or other) holding a valid and active account on the Website.
Ideas : refers to a Website function whereby Colleagues can propose Ideas to other Colleagues of their Company or consult the Ideas that other Company Colleagues have proposed. Each Idea is submitted to a vote by the Colleagues and may be commented on by same.
Identifiers: refers to the Company email address and password the Colleague has chosen at time of subscription, which is used for accessing his/her private account on the Website.
News : refers to a Website function whereby Colleagues may publish information, raise questions or eventually inform other Company Colleagues of projects they are working on.
Profile: refers to the personal identification page each Colleague is entitled to. On this Profile appear several items of information related to Colleagues, such as the Colleague's full name, age, position, Company seniority, photo, if one has been submitted, as well as, possibly any hypertext links to the Colleague's personal accounts on various community websites (Twitter, Viadeo, Youtube, Linkedin, etc.). This Profile may be consulted by other Colleagues from the Company the Colleague belongs to.
Services: the Services group together all the Website functions the Colleagues have access to, such as the News, Ideas and Team functions.
Website: refers to the community Website herein accessible at the URL address www.tweegg.com.
Team : Website function whereby Colleagues may consult the Profiles of other Colleagues from their Company.
Article 2: ACCEPTANCE OF THE TERM & CONDITIONS
Access to the Tweegg community website is offered to all the Colleagues of a Company, to the extent that said Company has previously opened an account and maintains said account open on the Website with the Editor and subject to Colleagues' commitment to comply with the T&C herein.
The T&C herein may be freely modified at any time, in whole or in part, and/or completed by the Specific Conditions of Use for certain functions and/or certain means of access, without prior notice and without any prior or subsequent information. Colleagues are hence strongly recommended to read same on a regular basis and, if need be, print same.
EACH COLLEAGUE IS DEEMED TO HAVE ACCEPTED THE TERMS OF THE LATEST VERSION OF THE T&C AT TIME OF EACH NEW WEBSITE CONNECTION. HE/SHE DULY ACKNOWLEDGES THAT IN THE CASE OF NON-COMPLIANCE WITH THE T&C, ACCESS TO THE SERVICE MAY BE REFUSED.
Article 3: WEBSITE OPERATIONS
The Website is a social media destined to improve company information and communications systems.
Hence, the Colleagues are duly informed that the Website is a strictly professional communication tool which the Company places at their disposal. Consequently, this intended purpose excludes handling the Website for personal use. Colleagues must, therefore, use other means of communication at their disposal for private correspondance.
Composed of three main functions (News, Ideas and Team), the Website is easy to access and simple to use. It optimizes Company productivity by enabling its actors to share information and literature, to discuss problems, publish an idea and become more familiar with each other.
The Website is open to all the Colleagues of a Company.Accessing the Contents generated by Company Colleagues is secured and reserved only for Company Colleagues.
All the services available on the Website are entirely free of charge for Colleagues.
The Colleague must first create his/her own personal Profile in which the Colleague fills in information about his/herself. This Profile may later be read by the other Company Colleagues.
He/she is then free to use the Services, subject to compliance with the conditions of the T&C herein.
Article 4: COLLEAGUE RIGHTS & OBLIGATIONS
In general, the Colleague agrees to comply with any and all legal, regulatory and conventional obligations which said Colleage is subject to, as well as with any rules, usage and professional practises he/she is subject to within the Company framework.
4.1 Subscription
A Colleague who wishes to use the Website, agrees at time of subscription, to transmit any information required for his/her identification and position within the Company to the spot reserved such information. Said Colleague agrees to submit correct, complete information and agrees to transmit any eventual updates of same.
The Colleague may attach a picture to his/her profile for easy identification by other Company Colleagues. It is duly stated that the picture chosen by the Colleague is part of the Content and that hence, it must comply with conditions provided by the Article below entitled "Contents".
Should the information transmitted by a Colleague prove to be erroneous, unprecise, outdated or incomplete, in whole or in part, access to all or part of the Services may be rendered impossible, without prior notice or information to Colleague in question.
4.2: Accessing Account & Identifier Privacy
The Colleague accesses private account on the Website by entering his/her Identifiers. Said Colleague is free to change the password chosen at time of subscription.
It is through Colleague's private account that he/she may change and update own Profile and any information related thereto.
The Colleague expressly acknowledges that the presence of an identification code enables validly identifying the author of a document or message and establishes the authenticity of said document or message.
The password linked to a Company email address is strictly personal and confidential.
The Colleague is fully liable for the use of any Identifiers concerning same. Said Colleague agrees to deploy all means to keep the Identifiers secret and not disclose them to anyone whomsoever, including other Company Colleagues or persons belonging to own family circle, under any form whatsoever.
In the case of loss or theft of his/her Identifiers, the Colleague is solely liable for any damageable consequences of such loss or theft and must report same to the following address as soon as possible:contact@tweegg.net.
4.3 Contents
Any Colleague who transmits, disseminates, publishes, edits, makes available, shares or otherwise discloses any Content whatsoever and under any conditions whatsoever, thanks to or through the Website, guarantees he/she is rightfully entitled to do so and that the Contents are not of a nature to violate the right of publicity or of privacy as provided in Article 9 of the Code of Civil Rights, violate or disregard the intellectual property rights of any third parties whomsoever, are not likely to constitute any of the offences provided for and punishable under the July 29, 1881 Act on the freedom of the press or are not likely to violate the presumption of innocence as provided in Article 9-1 of the Code of Civil Rights.
Said Colleague further agrees not to disseminate, publish, edit, make available, share or otherwise disclose any Content which would be of a nature to constitute the offences provided for and punishable under Articles 225-4-1 and thereafter of the Criminal Code governing the trading of human beings, whether minor or of age, procuring and assimilated offences and practising prostitution of minors. The Colleague agrees not to set, record or transmit for purposes of dissemination, any image or representation of a pornographic nature of a minor, or to make same available and share same by any means whatsoever.
Moreover, the Colleague agrees not to publish any Contents likely to constitute direct or indirect advertising fostering tobacco, alcohol or any substance whose use or marketing is either limited or prohibited in France.
Furthermore, said Colleague agrees not to publish any Contents related to a message likely to be qualified as commercial advertising , whether such advertising is destined to his/her benefit or to the benefit of any third parties whomsoever.
It is emphasized that all of the limitations appearing above are applicable to all Services, no matter the addressees of said Contents, whether voluntary or not, and no matter their number or title.
Furthermore, by using the Services subject to the T&C herein, the Colleague is deemed to have accepted that any Content he/she originates may be reproduced, without any limitations in duration and for the sole purpose of creation, handling and administration of the Services or for use of one or more of the Services or simply for consulting the Website.
4.4: Other Commitments
Colleagues agree not to use any fraudulent or nonsensical identity or one belonging to a third party when making use of the Services or consulting the Website. They also agree not to manipulate Identifiers and passwords with a view to hiding the real source of the Content.
Colleagues agree not to take any action whatsoever, when using Website Services, which might limit, prohibit or disturb in any manner whatsoever, and even temporarily, the normal use of said Services by other Colleagues and internauts consulting the Website. The above provisions cover all viruses, worms or trojans as well as any action whatsoever which might fully or partially block all or part of Service functions or deteriorate in any manner whatsoever any content of any other Colleague whomsoever.
Colleagues also agree not to send any spam, chain or snowballing emails.
Colleagues yet agree not to collect, exploit or extract any Content with a view to constituting a database or identical, similar or albeit a rival Website service.
Colleagues are indeed informed that the Website and each of the Services taken separately, as well as the whole formed by all Services, constitutes a database as per Article L.112-3 of the Code of Intellectual Property Rights, and is hence protected in application of the provisions of said Code.
Consequently, exploiting said data in whole or in part, whether offline or online, free of charge or against payment, without express consent by the Editor, is prohibited.
Any Colleague not bearing the title of Administrator, also agrees not to modify the Content of another Colleague without authorization nor comment it, if the comment is not permitted by the Service in question.
4.5 Guarantees
The Colleague accepts and acknowledges that he/she is solely liable for the Contents which fall under sole responsibility of same, as per the T&C herein. Said Colleague accepts to personally release the Editor from all liability, loss, claim, litigation, damage or expense, including court and defence costs, claimed by his/her Company, by another Colleague or any third party whatsoever, due to the Contents falling under his/her responsibility as per the T&C herein.
In particular, said Colleague acknowledges and guarantees that he/she solely assumes liability due to any hypertext links published by same, including any hypertext links appearing in his/her Profile and leading to community websites (Twitter, Viadeo, Youtube, Linkedin, etc.) on which said Colleague has a personal account.
Should it be so required, the Colleague agrees to voluntarily intervene with any entities which may take action against the Editor and offer his/her guarantee.
4.6 Information
Colleagues agree to send a warning to the email address contact@tweegg.net, regarding any facts or behaviour which may appear to same as being likely to entail the suspension, disturbance or total or partial interruption of Services, no matter the duration.
Also, Colleagues agree to signal any notification addressed to same by any third parties protesting compliance of a Content with the totality of applicable regulations, and in particular, the texts stated in the Article herein "Colleague Rights & Obligations".
Article 5: PERSONAL DATA – COOKIES
The Colleague expressly provides consent for enabling data of a personal nature concerning same gathered within the framework of providing Services, to be used for purposes of permitting him/her to normally access the Services. The Colleague may choose not to transmit some of the information, but in such a case, access to Services may be totally or partially rendered impossible.
The provisions of the January 6, 1978 Privacy Act known as Informatique et Libertés, amended by the August 6, 2004 Act, are fully applicable to the processing of personal data within the framework of the Services.
Each Colleague and each internaut is informed of his/her rights regarding privacy, by the T&C herein and by the special terms appearing on the page(s) of the Website through which said Colleague consults or uses the Services. The Colleague holds a right of opposition, access, rectification, updating and deleting of data of a personal nature concerning same.
The Colleague may hence, at any time, access personal information concerning same for reading purposes and may request it be modified, deleted, or may forbid a specific usage of same within the framework of the Services. Said Colleague must hence send a message to the following email address: contact@tweegg.net.
Use of the Website entails the installation of cookies on the Colleague's computer terminal. Such a mechanism has the sole purpose of facilitating Colleague identification in order to render browsing on the Website more user-friendly.
The Colleague may, however, oppose the installation and use of cookies by changing the settings of his/her Internet browsing software. The technical indications for changing such settings according to the browser being used appear below, in the appendix to the T&C herein.
Further, each Colleague is informed that the information concerning his/her identity may be transmitted, in application of Article 6 of the June 21, 2004 Act, under conditions provided by said Article.
Article 6: SERVICE UNAVAILABLE
The Editor is not held liable as regards Colleagues and can suffer no consequences due to a possible deteriorated or defective functioning of the Services or the technical means implemented, due to partial or total unavailability, of all or part of the Services or Website access, no matter the duration, nor in the case of modification, degradation, alteration or loss of all or part of a Content whatsoever.
The Website and its incorporated Services are placed at Colleague disposal solely for the duration agreed between the Website Editor and the Company the Colleague belongs to. The Services may be deleted in whole or in part, albeit without any prior notice or motive. It is not guaranteed that Services are provided continuously, rapidly, secured or fully compatible with Colleague's hardware and software.
Article 7 : LIABILITY – GUARANTEE
The Editor edits the available Services from the Website and hosts Website Contents generated by the Colleagues.
The Editor does not provide Colleagues any guarantees as to the correct nature or reliability of Contents and/or Services. Colleagues acknowledge and accept that said Editor does not assume and is not held liable due to Contents and agrees to guarantee same under conditions set in the "Guarantees" section of Article entitled "Colleague Rights & Obligations" of the T&C herein.
The Colleague agrees not to take action against the Editor, no matter the consequences nor lodge any claims whatsoever. The Colleague acknowledges that the service provision conducted by the Editor under the document herein consists solely in providing Colleagues the possibility of using the Services, but without ever being held liable for the Content in whole or in part, nor be likely to be held liable for same, with respect to any Colleagues, internauts or third parties.
The Editor reserves the right, at any time and upon its sole initiative, to modify, complete and, if need be, delete in whole or in part the stipulations of the Terms & Conditions of Use of the TWEEGG Website herein. By mutual agreement between the Parties, the Terms & Conditions of Use of the TWEEGG Website which apply between the Parties are those in effect on the day the Colleague accesses and browses on the Website.
Consequently, said Colleague agrees to read the said Terms & Conditions of Use of the TWEEGG Website on a regular basis for purposes of being knowledgeable of the latest updates eventually conducted by the Editor.
Article: CONTENT DELETION – SUBSCRIPTION TERMINATION
The Colleague is informed and accepts:
- that the Contents may be changed or deleted in whole or in part,
- that any one of the Services or the Services as a whole may be totally or partially suspended,
- that the option for one of the Colleagues to create or participate in one or more Services may be limited,
in order to avoid any improper use of said Services following a request founded on Article 6 of the June 21, 2004 Act, or in order to render access to the litigious Content impossible, no matter the well-founding of the request, even in the case of protest by the Colleague – and even if such deletion or such impossibility of access also prevents the Colleague from accessing his/her own Contents, whether temporarily or permanently.
Should said Colleague wish to delete a Content he/she is the author of, the Colleague may ask the Company Administrator the possibility of doing so. The Administrator may freely decide to accede or not to such a request.
The Website Contents may be moderated. Administrators watch that the Contents published on the Website by their Company Colleagues comply with the provisions of the T&C herein.
In the case of non-compliance by the Colleague of the T&C herein, his/her Profile and/or any Content published on the Website may be deleted and/or Website access may be prohibited to same. Should this be the case, an email notification will be sent to same. The Colleague agrees not to take action against the Editor, no matter the consequences, and not to lodge any claims whatsoever with said Editor. The Colleague acknowledges that the Editor cannot be held thus liable.
Given the strictly professional nature of the Contents published on the Website, each Colleague accepts that the Contents he/she is author of, may be entirely returned to the Company following the closing of Colleague account by said Company.
Article 9: APPLICABLE LAW – LANGUAGE
The T&C are governed, construed and applied according to French law, excluding any other State legislation. Should the T&C herein be drafted in several languages, or be translated, solely the French version will be lawful.
Article 10: WHO ARE WE?
The director of publications is Mr. Jérôme Boudot, Manager of the Tripnity company.
The supervisor of personal data processing as per the texts stated in the Article entitled "Personal Data - Cookies" of the T&C herein, is Tripnity, identified above.
The Website host www.tweegg.com is the OVH company, whose registered office is located at 2 Rue Kellerman in Roubaix (59100). Telephone: 08-203-203-63